N.J.A.C. 13:97, Office of Investigations, is scheduled to expire on August 7, 2005.
The expiration date has been extended to February 3, 2006 pursuant to N.J.S.A. 52:14B-5.1c by the filing of
this proposal. The Juvenile Justice Commission (Commission) has reviewed the rules and has determined that
they continue to be necessary, reasonable and proper for the purpose for which they were originally
promulgated.

The existing chapter is limited to use of force and firearms. These provisions have
been reorganized and updated to conform to the Attorney General Guidelines on Use of Force (April 1985, as
revised June 2000).

The Commission is the New Jersey agency exclusively responsible for providing
juvenile corrections services. In carrying out its responsibilities, the Commission seeks to maintain a
safe and respectful environment for the youth under its supervision. The Office of Investigations is
charged with the investigation of internal complaints within the Commission and investigators are sworn
peace officers, who from time to time may be called upon to stop a fugitive or make an arrest. Accordingly,
investigators are armed, and are subject to the Attorney General Guidelines on Use of Force, which are
applicable to all State law enforcement personnel.

The proposed amendments are being promulgated to conform the Office of
Investigations' rules to the most recent Attorney General Guidelines on Use of Force (April 1985, as
revised June 2000). Except for contextual and other minor changes, they are substantively identical to
rules being proposed by the Commission for its Secure Facilities, under N.J.A.C. 13:95 and Juvenile Parole
and Transitional Services, under N.J.A.C. 13:96, published elsewhere in this issue of the New Jersey
Register.

A subchapter-by-subchapter description follows.

Subchapter 1 contains general provisions covering purpose, scope, definitions, oath
of office form and confidentiality of information. The purpose provisions are reformatted to mirror the
substantive provisions in Subchapters 2 and 3. The confidentiality section, N.J.A.C. 13:97-1.4, has been
amended to cite to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. Numerous technical amendments are
proposed to definitions and other provisions for reasons of context or grammar.

Changes to the definitions appearing in N.J.A.C. 13:97-1.2 have been made for
clarification and to reflect reorganizations within the Commission.

The definition of "chief investigator" has been streamlined to eliminate repetitive
and unnecessary references to the Commission.

A definition for "facility" has been added to clarify that for the purposes of the
rule the term applies to places that house juveniles, but not to Commission administrative and operational
offices.

The definition "Director of Operations" has been changed to reflect that the
position no longer involves oversight of non-secure facilities and also to clarify that the actual in-house
title of the manager serving in the position may be other than Director of Operations. In the recent past,
the in-house title of the appropriate manager was "Director of Resident Care" and currently is "Director of
Secure Care."

The definition of "juvenile parolee" has been modified to correctly identify the
compact governing interstate cooperation on parole matters as the "Interstate Compact for Juveniles."

The Commission proposes to repeal existing Subchapter 2, Use of Force While On Duty,
and existing Subchapter 3, Use of Personal Firearms and Use of Force While Off Duty. These rules are not in
conformance with the most recent Attorney General's Use of Force Policy, (April 1985, as revised June
2000).. They have been replaced by new Subchapters 3 and 4.

Proposed Subchapters 2 and 3 contain rules governing, respectively, use of force and
firearms applicable to Commission investigators. These two subchapters contain substantive provisions that
are substantially the same as those in existing Subchapters 2 and 3 with two important differences.
Firstly, they are structured so that one subchapter, proposed Subchapter 2, addresses all use of force
issues, both for on-duty investigators and for off-duty investigators, while the other, proposed Subchapter
3, addresses all firearms issues, again for both on-duty and off-duty investigators. The Commission
believes this is a much clearer presentation than exists in the existing rule, in which one subchapter sets
out all on-duty rules for both use of force and firearms and another does the same thing for off-duty
investigators.

More importantly, the existing rules do not reflect progressive use of force
requirements set out in the June 2000 revisions to the 1985 Attorney General's Use of Force Policy and the
proposed rule corrects this. The revisions in the Attorney General's Policy strongly emphasize the
importance of using only the minimum force necessary to a given situation, beginning with "constructive
authority," meaning the exercise of authority that doe not involve actual physical contact with an
individual.

The Commission believes that control over and elimination of excessive use of force
is especially relevant to juvenile corrections and has included within the proposed rule a requirement that
an investigator report all situations where excessive force is used by anyone against a juvenile. See
proposed N.J.A.C. 13:97-2.1(c). In the same vein, under the proposed rules, deadly force is not permitted
to thwart an escape and bringing weapons into Commission facilities is not allowed.

Because the Commission has provided a 60 day comment period on the Notice of
Proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3
(a) 5.

Social Impact

The rules proposed for readoption with amendments will have a positive social
impact. The proposed amendments and new rules take the special needs of juveniles into consideration, while
at the same time addressing the safety and security of the community. The amendments and new rules
incorporate the Attorney General's use of force policy (April 1985, as revised June 2000), which was the
product of the collective efforts and judgment of the New Jersey Use of Force Advisory Committee. It is the
State of New Jersey's policy that law enforcement officers will use only that force which is objectively
reasonable and necessary, and that in using force, the utmost restraint will be used. The amendments and
new rules follow these guidelines.

In addition, the rules as proposed also restrict the use of force in certain
situations in consideration of the juvenile population. For example, deadly force may not be used to thwart
an escape. The use of chemical sprays is generally prohibited within Commission facilities, due to concerns
for asthma among youth. Additional amendments are technical in nature and have no social impact.

By balancing legitimate security and law enforcement concerns with the restraint
necessary and appropriate to a juvenile population, the proposed amended rules have a positive social
impact.

Economic Impact

The proposed readoption with amendments and proposed repeals and new rules will not
result in any economic impact because additional funding is not necessary to implement these rules. The
cost of meeting and maintaining the requirements established by these rules will be met by the Commission
through the budgetary process with monies allocated by the State.

Federal Standards Statement

The proposed readoption with amendments and proposed repeals and new rules are not
subject to any Federal standards or requirements. Therefore, a Federal standards analysis is not required.

Jobs Impact

The New Jersey Juvenile Justice Commission does not anticipate that the rules
proposed for readoption with amendments and proposed repeals and new rules will result in the generation or
loss of jobs.

Agriculture Industry Impact

The rules proposed for readoption with amendments and proposed repeals and new rules
will have no impact on the agriculture industry in New Jersey.

Regulatory Flexibility Statement

The rules proposed for readoption with amendments and proposed repeals and new rules
do not impose reporting, record-keeping or other compliance requirements on small businesses, as defined
under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Therefore, a regulatory flexibility
analysis is not required. The rules proposed for readoption with amendments and proposed repeals and new
rules impact juveniles committed to the care of the Juvenile Justice Commission and employees of the New
Jersey Juvenile Justice Commission and have no effect on small businesses.

Smart Growth Impact

The Juvenile Justice Commission does not anticipate that the rules proposed for
readoption and the proposed amendments, repeals and new rules will have any impact on the achievement of
smart growth or the implementation of the State Development and RedevelopmentPlan.

Full text of the rules proposed for readoption may be found in the New Jersey
Administrative Code at N.J.A.C. 13:97.Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at
N.J.A.C. 13:97-2 and 3. Full text of the proposed amendments and new rules follows (additions
indicated in boldface, thus; deletions indicated in brackets, [thus]:

CHAPTER 97
OFFICE OF INVESTIGATIONS

SUBCHAPTER 1. GENERAL PROVISIONS

13:97-1.1 Purpose and scope(a) The purpose of this chapter is to establish policies and procedures: [
regarding the use of force by the Office of Investigations' investigators, both on duty and off duty.
Policies and procedures regarding the use of force by juvenile corrections officers employed in the
Commission's secure facilities and the Life Skills and Leadership Academy are set forth in N.J.A.C. 13:95.
Policies and procedures regarding the use of force by Investigators are set forth in N.J.A.C. 13:96.]1. In connection with the Office of Investigations regarding the use of
force by investigators, both on-duty and off-duty; and2. Regarding investigators' use of firearms, both on-duty and off-duty.(b)(No change)

13:97-1.2 DefinitionsThe following words and terms, when used in this chapter, shall have the
following meanings unless the context clearly indicates otherwise:"Central Communications Unit" means the centralized communication center
within the New Jersey Department of Corrections [which] that coordinates certain functions of the
Commission's Office of Investigations on a 24-hour, seven-days-a-week basis."Chemical agent" means an aerosol spray [which] that may be used to
gain control of individuals who resist arrest or for the purpose of self-defense against an attack."Chief Investigator," [Secure facilities] means the Chief Investigator of
the Commission's Office of Investigations [in the New Jersey Juvenile Justice Commission who heads
the office and is] responsible for conducting investigations [within the Commission] at the direction of
the Executive Director."Deadly force" means force [which] that is intended to cause, or is
likely to cause, death or serious bodily harm."Deputy Executive Director" means the Deputy Executive Director of the
[New Jersey Juvenile Justice] Commission."Director of Operations" means the Commission staff member, by whatever
name or title, charged with oversight and management responsibilities for the overall operation and supervision
of the Commission's secure facilities."Executive Director" means the Executive Director of the [New Jersey
Juvenile Justice] Commission."Facility" means a facility of the Commission used to house, train or
educate juveniles; it does not refer to the central or other administrative or operational offices of the
Commission."Juvenile parolee" means an adjudicated delinquent who is subject to the
jurisdiction of the New Jersey State Parole Board, and who has been released on parole, and/or
post-incarceration supervision, or any individual released from another State juvenile secure facility who
resides in New Jersey under the terms of the [Juvenile] Interstate Compact[s] for [the Supervision
of Parolees and Probationers]Juveniles. For the purposes of this chapter, juvenile parolee includes
any individual, regardless of age, who is completing a term of parole or post- incarceration supervision
pursuant to an adjudication of delinquency."Juvenile probationer" means an individual who has been adjudicated
delinquent and sentenced by a judge of the Superior Court of New Jersey to a term of probation with the
condition that he or she participate in a [New Jersey Juvenile Justice] Commission community-based
residential or day program. For the purpose of this chapter, "juvenile probationer" shall only refer to
those individuals enrolled in a [New Jersey Juvenile Justice] Commission program."Office of Investigations" means the unit within the Commission responsible
for conducting internal investigations [within the Commission at the direction of the Executive
Director].

13:97-1.3 Oath of office form
An oath of office form shall be reproduced from originals that are available by contacting the [Juvenile
Justice] Commissions' Office of Training.

13:97-1.4 Confidentiality of information
All information contained in the master lists or reports maintained or submitted by employees of the
Commission pursuant to the requirements of this chapter shall be confidential and such master lists and
reports shall not be subject to public inspection or copying pursuant to the ["Right to Know Law,"] Open
Public Records Act, N.J.S.A. 47:1A-1 et seq.

SUBCHAPTER 2. USE OF FORCE

13:97-2.1 Investigator authority(a) Investigators are authorized to use appropriate means to enforce
Commission rules, regulations and related law enforcement objectives. Such means include, but are not
limited to:1. "Constructive authority," which means authority that does not involve
actual physical contact with the individual, but involves the use of the investigator's authority to exert
control over the individual. Examples of constructive authority include, but are not limited to, verbal
commands, gestures and warnings; and2. "Physical contact," which means routine or procedural contact with an
individual necessary to effectively accomplish a legitimate law enforcement objective. Examples of physical
contact include, but are not limited to, holding an individual's arm while escorting the individual,
handcuffing an individual, maneuvering or securing an individual for a search, and guiding the individual
into a vehicle.(b) Investigators are encouraged to interrupt the flow of events to help
ensure that a fellow investigator does not resort to employing an inappropriate or excessive use of force.(c) An investigator is required to report all situations in which
inappropriate or excessive force is used by anyone against a juvenile.

13:97-2.2 Use of force(a) In any case that an investigator uses force while on-duty, the
investigator shall only use that force that is objectively reasonable and necessary under the totality of
the circumstances as known by the investigator at the time force is used.(b) An investigator may use the amount of force reasonably necessary to
accomplish the law enforcement objective. If the individual resists, the investigator may increase the
degree of force as necessary to accomplish the law enforcement objective but as soon as the individual
submits, the investigator shall reduce the degree of force used.

13:97-2.3 Non-deadly force; when justified(a) An investigator may use non-deadly force against persons only under
the following circumstances:1. To protect self or others against the use of unlawful force;2. To protect self or others against death or serious bodily harm;3. To prevent damage to property;4. To prevent escape;5. To prevent or quell a riot or disturbance;6. To prevent a suicide or attempted suicide;7. To effect an arrest for any offense or crime under the laws of the
State of New Jersey, subject to the provisions of (c), below;8. To enforce law enforcement objectives where expressly permitted by
Commission regulations or in situations where the highest ranking investigator on the scene believes that
an individual's failure to comply constitutes an immediate threat to the personal safety of investigators
or others.(b) Non-deadly force includes, but is not limited to, the use of the
following:1. "Physical force" which means contact with an individual beyond that
which is generally utilized to effect a law enforcement objective. Physical force is employed when
necessary to overcome an individual's physical resistance to the exertion of the investigator's authority,
or to protect persons or property. Examples of physical force include, but are not limited to, wrestling a
resisting individual to the ground, using wrist locks or arm locks, striking with the hands or feet, or
other similar methods of hand-to- hand confrontation; and2. "Mechanical force" which means the use of some device or substance,
other than a firearm, to overcome an individual's resistance to the exertion of the investigator's
authority. Examples of mechanical force include, but are not limited to, the use of a baton or other
object, canine physical contact with an individual, or use of a chemical or natural agent spray.(c) The use of non--deadly force to effect an arrest is only justifiable
if:1. An investigator makes known his or her identity and the purpose of the
arrest;2. An investigator reasonably believes that his or her identity and
purpose are otherwise known by, or can reasonably be made known to, the person to be arrested; or3. When the arrest is made under a warrant and the warrant is valid or
reasonably believed by the investigator to be valid.

13:97-2.4 Deadly force; when justified and when restricted(a) Deadly force includes, but is not limited to, the use of firearms and
other lethal weapons.(b) Deadly force may be used as described herein under limitations
consistent with the provisions of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., and
with any applicable guidelines issued by the Attorney General under the following circumstances:1. When the investigator reasonably believes that deadly force is
immediately necessary to protect the investigator or another person from imminent danger of death or
serious bodily harm.i. Deadly force is not justifiable if the investigator can otherwise
secure his or her complete safety or the complete safety of the protected person.2. Under no circumstances shall prevention of an escape of a juvenile
constitute independent grounds justifying use of deadly force.(c) Where feasible, before using a firearm, the investigator shall attempt
to identify himself or herself as an investigator and state his or her intent to shoot. An investigator
shall not discharge a firearm as a signal for help or as a warning shot.(d) The investigator shall not discharge a firearm if there is a
substantial risk of injury to innocent persons.(e) An investigator shall not engage in any vehicle pursuit. An
investigator shall not fire his or her firearm from a moving vehicle or at the driver or occupant of a
moving vehicle or engage in any vehicle contact action, such as ramming, unless the investigator reasonably
believes that:1. There exists an imminent danger of death or serious bodily harm to the
investigator or another person; and2. No other means are available at that time to avert or eliminate the
danger.(f) An investigator shall not fire a weapon solely to disable a moving
vehicle.(g) Whenever feasible, the investigator shall contact central
communications to request assistance before engaging in any use of force that reasonably could result in
serious bodily harm.(h) An investigator is under no obligation to retreat or desist when
resistance is encountered or threatened. However, an investigator shall not resort to the use of deadly
force if the investigator reasonably believes that an alternative to the use of deadly force will avert or
eliminate an imminent danger of death or serious bodily harm, and achieve the law enforcement objective at
no increased risk to the investigator or another person.(i) An investigator shall not use deadly force to subdue persons whose
actions are only destructive to property.(j) Deadly force shall not be used against persons whose conduct is
injurious only to themselves.(k) The discharge of any projectile from a firearm is considered to be
deadly force, including less lethal means such as, but not limited to, bean bag ammunition or rubber
bullets. For that reason, these and similar less lethal means of deadly force can only be used when an
investigator reasonably believes such action is immediately necessary to protect the investigator or
another person from imminent danger of death or serious bodily harm.

13:97-2.5 Use of force while off-duty(a) Although N.J.S.A. 52:17B-174(d) authorizes investigators to exercise
law enforcement powers, investigators are not required to exercise those powers or to carry firearms during
off-duty hours.(b) Investigators, while off-duty, should not become involved with routine
law enforcement duties that are under the jurisdiction of local law enforcement agencies. When an
investigator observes what he or she believes to be a violation of the law, he or she should take note of
the vehicle description, license plate numbers, identifying characteristics of persons involved and other
relevant information, and report such information to the local law enforcement agency having jurisdiction
and to the Director of Investigations. Investigators should avoid stopping or detaining vehicles or
persons.(c) The utmost discretion shall be exercised by the investigator to
determine when and under what conditions to use force. Whenever he or she believes that possible criminal
action is taking place and that a reasonable alternative to use of force exists, the investigator must take
the action which is calculated to be least dangerous or harmful to persons or property.(d) An investigator shall be deemed to have acted within the scope of his
or her employment or in the law enforcement interest of the State of New Jersey if he or she exercises
police powers in accordance with the provisions of this subchapter and orders promulgated in connection
therewith.

13:97-2.6 Reports(a) An investigator shall immediately contact the Director of
Investigations or designee and shall complete an I301 Use of Force Report when he or she participated in,
or witnessed, any incident in which:1. A firearm was discharged outside of the firing range;2. Physical force, mechanical force or deadly force is used;3. An individual alleges that serious bodily harm has been inflicted; or4. Such a report is required by the Director of Investigations.(b) The I301 Use of Force Report shall contain the following information:1. A description of the events leading up to the use of force;2. A description of the incident;3. The type of force used;4. The reason(s) for employing force;5. A list of all participants and witnesses to the incident;6. A description of the injuries suffered, if any, and medical treatment
given; and7. Other relevant facts or comments about the incident or conduct of the
investigators and others.(c) The Director of Investigations shall forward all reports to the
Executive Director or designee.

13:97-2.7 Use of mechanical restraints(a) Mechanical restraints may be used in the following instances:1. When transporting an individual from one place to another;2. When the individual's history, disciplinary record, behavior or present
emotional state indicates a likelihood that bodily injury to any person, damage to property or escape by
the juvenile may occur; or3. To prevent an individual from attempting suicide, self-inflicted
injury, or injury to others.(b) Mechanical restraints shall not be used as punishment or in any way
that causes undue physical discomfort, inflicts physical pain or restricts the blood circulation or
breathing of the juvenile.(c) Mechanical restraints shall be removed promptly when the reason for
their initial use has ceased to exist or has sufficiently abated.(d) An individual in restraints shall be under continuous observation by
an investigator.

13:97-2.8 Use of chemical or natural agents; storage(a) Chemical or natural agents shall not be used within a Commission
facility, except when appropriate to avoid having to use deadly force.(b) Whenever chemical or natural agents are used other than in a
Commission facility as a means of control, investigators shall comply with the reporting procedures set
forth in N.J.A.C. 13:97-2.6.(c) An investigator is not permitted to carry or use chemical or natural
agents unless he or she has received appropriate training and semi-annual retraining in chemical or natural
agent use and effects.(d) After each instance of use, individuals who have been exposed to
chemical or natural agents shall be referred to the medical staff for any necessary examination and
treatment.(e) Chemical or natural agents shall be safely stored, legibly labeled to
show the chemical or natural name and expiration date, and properly inventoried to ensure security and an
adequate unexpired supply.(f) No chemical or natural agent shall be used by an investigator except
for those expressly approved and issued by the Commission.

13:97-2.9 Training(a) Training in proper methods and techniques of using force and in the
legal aspect of using force shall be provided as part of the Police Training Commission's approved Basic
Course for Investigators or equivalent.(b) Investigators shall receive semi-annual training in proper methods and
techniques of using force and in the lawful and appropriate use of force. In addition to semi-annual
training, retraining may be repeated as needed.

13:97-2.10 Penalties for violation(a) Office of Investigations staff action that does not conform to the
provisions of this subchapter and internal management procedures implemented in connection with this
subchapter may result in the following:1. Disciplinary action pursuant to N.J.A.C. 4A:2;2. Personal, civil or criminal liability;3. Denial of indemnification; and/or4. Refusal by the Office of the Attorney General to represent the custody
staff officer.(b) Decisions regarding (a)3 and 4 above shall be made by the Attorney
General after an investigation of the facts of the case.

13:97-2.11 Office of Investigations internal management
procedures(a) The Office of Investigations shall prepare and maintain written
management procedures to govern the use of force and storage of chemical agents, consistent with this
subchapter.(b) All such written management procedures developed in accordance with
this subchapter shall be submitted to the Executive Director or designee for approval before
implementation.

SUBCHAPTER 3. USE OF FIREARMS WHILE ON-DUTY AND
USE OF PERSONAL FIREARMS WHILE OFF-DUTY

13:97-3.1 Investigators authorized to carry firearms while
on-duty(a) Prior to being permitted to carry a firearm on-duty, investigators
shall:1. Have taken and successfully completed the Police Training Commission
(PTC) approved Basic Course for Investigators as set forth in N.J.S.A. 52:17B-66 et seq or an approved
equivalent;2. Have taken and successfully completed the firearms training course at
the Commission's Office of Training; and3. Have been sworn as peace members by taking the oath of office.

13:97-3.2 On-duty firearms training, qualification and
requalification(a) As required by N.J.S.A. 2C:39-1 et seq., all investigators shall be
initially trained and shall qualify in the use and handling of approved on-duty firearms.(b) Investigators shall requalify in accordance with the New Jersey
Attorney General's Semi-Annual Qualification and Requalification Standards for New Jersey Law Enforcement.(c) Only those investigators who achieve and maintain the required level
of proficiency during range qualification and requalification shall be authorized to possess firearms while
on-duty.(d) Once an investigator has qualified on his or her Commission approved
firearm, the investigator shall receive the official State of New Jersey, Firearms Unit Weapons Card.
Investigators shall be required to carry the weapons card, the official badge and photo identification card
of the Commission while on-duty.(e) The Director of Investigations or designee shall be responsible for
preparing and maintaining a current list of each investigator authorized to carry a firearm, from a
Commission-wide master list provided for that purpose by the Commission's Office of Training.1. The master list shall be maintained by the Director of Investigations
or designee to indicate the investigator's firearm qualification date (new or expired), and the
investigator's issued firearm, model name and number, and serial number of the firearm.

13:97-3.3 On-duty firearm(a) The authorized on-duty firearm shall be the responsibility of the
investigator at all times.1. Only shoulder and waist holsters shall be used for on-duty firearms. A
holster must hold the firearm firmly when inverted and have no internal clips.2. The waist holster is the only holster approved for use while qualifying
with the on-duty firearm.3. Personnel who elect to use a shoulder holster for on-duty use shall
demonstrate proficiency in the use of that holster during firearms requalification but need not qualify
while using the holster.(b) The investigator shall not draw or exhibit his or her firearm except
for one of the following circumstances:1. For maintenance of the firearm;2. To secure the firearm;3. When commanded by the firearms staff during training exercises, range
practice, qualification or requalification with the firearm, or by a supervisor for purposes of inspection;4. When circumstances create a reasonable belief that it may be necessary
to use the firearm in the performance of the investigator's duties; or5. When circumstances create a reasonable belief that display of a firearm
as an element of constructive authority will help establish or maintain control in a potentially dangerous
situation in an effort to discourage resistance and ensure personal safety.(c) An investigator, if required to carry a firearm while on-duty, shall
carry his or her on-duty firearm, together with Commission approved chemical or natural agent spray, on his
or her person at all times unless otherwise instructed by a superior. The firearm shall:1. Remain in the holster while in a rest room; and2. Not be left in a motor vehicle except when necessary, such as when an
investigator must remove his or her on-duty firearm and another authorized staff member is unavailable to
take custody of the firearm. When necessary, a firearm may be stored in a Commission approved vehicle lock
box.(d) The investigator entering any facility of the Commission shall either
temporarily transfer custody of his or her firearm to an authorized staff member, store his or her firearm
at the main secure facility or at a Commission authorized weapons storage unit or secrete it in a
Commission approved vehicle lock box.1. Investigators are prohibited from carrying a firearm into any
Commission facility beyond any posted weapons prohibited area, and into any area routinely dedicated for
use by juveniles, including, but not limited to, areas for sleeping, living, eating, recreation, training,
and education.(e) When an authorized firearm or ammunition is believed to have been lost
or stolen, or is otherwise missing, the investigator shall immediately report this fact to the local law
enforcement authorities and to the Director of Operations.(f) When a State of New Jersey, Firearms Unit Weapons Card, official photo
identification card or badge of the Commission believed to have been lost or stolen, or is otherwise
missing, the investigator shall notify the local law enforcement authorities and the Director of
Investigations or designee as soon as possible.(g) Pursuant to N.J.S.A. 2C:58-15, an investigator who knows or reasonably
should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises
under the investigator's control shall:1. Store the firearm in a securely locked box or container; and2. Secure the firearm with a Commission approved trigger locking device.

13:97-3.4 Personnel authorized to carry firearms while
off-duty(a) Firearms may be carried off-duty by investigators who:1. Have taken and successfully completed the Police Training Commission
(PTC) approved Basic Course for investigators as set forth in N.J.S.A. 52:17B-66 et seq;2. Have qualified in the use and handling of approved off-duty firearms at
the firearms training course of the Commission's Office of Training; and3. Have been sworn as a peace member by taking the oath of office.

13:97-3.5 Authorized off-duty firearms, ammunition,
holsters and security(a) Eligible investigators who are trained and meet qualification
specifications shall be permitted to possess and carry one authorized firearm for off-duty use.(b) A firearm intended for use as an off-duty weapon must have been
obtained and registered pursuant to state and local laws of the state in which the investigator lives.
Investigators may not loan or improperly transfer personal firearms.(c) Trigger locking devices that are approved by the Commission shall be
used, in accordance with this section and the operating instructions and standards provided by the
manufacturers of the trigger locking devices.(d) Only off-duty firearm makes and models approved and authorized by the
Commission may be carried while off-duty.(e) Ammunition for the off-duty firearm(s) shall be approved and
authorized by the Commission.(f) Only shoulder, waist and ankle holsters shall be used for off-duty
use. A holster must hold the firearm firmly when inverted and have no internal clips. An off-duty firearm
shall be carried in the approved holster on the body. No purse holsters or holstered firearms in purses are
approved.(g) The waist holster is the only holster approved for use while
qualifying with the off-duty firearm.(h) Personnel who elect to use a shoulder or ankle holster for off-duty
use shall demonstrate proficiency in the use of that holster during firearms requalification but need not
qualify while using the holster.(i) The investigator shall be responsible for assuming the cost of the
off-duty firearm, ammunition, holsters and for maintaining his or her firearm in a safe, secure and
serviceable condition.(j) Pursuant to N.J.S.A. 2C:58-15, an investigator who knows or reasonably
should know that a minor or unauthorized adult is likely to gain access to a loaded firearm at a premises
under the investigator's control shall:1. Store the off-duty firearm in a securely locked box or container; and2. Secure the off-duty firearm with a Commission approved trigger locking
device.

13:97-3.6 Off-duty firearm(a) The authorized off-duty firearm shall be the responsibility of the
investigator at all times.(b) The investigator shall not draw or exhibit his or her off-duty firearm
except for one of the following circumstances:1. For maintenance of the firearm;2. To secure the firearm;3. When commanded by the firearms staff during training exercises, range
practice, qualification, or re-qualification with the firearm; or4. When circumstances create a reasonable belief that it may be necessary
to use the firearm.

13:97-3.7 Firearm instructors(a) Only those persons who have successfully completed a Police Training
Commission (PTC) approved firearms instruction course and are PTC certified as Firearm Instructors shall
instruct in the Firearms Training Program at the Commission's Office of Training.(b) All firearms training instructors engaged by the Commission for
semi-annual and re-qualification firearms training shall satisfy at least one of the following
requirements:1. Be certified by the PTC;2. Possess training equivalent to the PTC approval firearms instructor
course and are able to demonstrate a knowledge of and skill with a firearm; or3. Have successfully completed some other recognized firearms instructor
course as determined by the Executive Director.

13:97-3.8 Off-duty firearms training, qualification and
requalification(a) All personnel authorized by the Commission to carry firearms off-duty
must be initially trained and shall qualify in the use and handling of approved off-duty firearms.(b) Investigators who carry off-duty firearms shall requalify
semi-annually on a range approved by the Commission.(c) Only those investigators who achieve and maintain the required level
of proficiency during range qualification and requalification shall be authorized to carry firearms while
off-duty.(d) Once an individual has qualified on his or her approved personal
off-duty firearm, he or she shall receive the official State of New Jersey, Firearms Unit Weapons Card. The
off-duty firearm he or she carries must be identified on the off-duty weapons card. Authorized personnel
shall be required to carry their off-duty weapons card, the official badge and photo identification card of
the Commission at all times while carrying their off-duty firearm.(e) The Director of Investigations or designee shall be responsible for
preparing and maintaining a current master list of each investigator authorized to carry an off-duty
firearm, from a Commission-wide master list provided for that purpose by the Commission's Office of
Training.1. The master list shall indicate the investigator's firearms
qualification date (new or expired), model name and number, and serial number of the authorized off-duty
firearm.2. Each time the investigator registers a firearm, the Director of
Investigations, or designee, is responsible for comparing the firearms qualification date, firearm model
name and number, and firearm serial number contained on the master list against the State of New Jersey,
Firearms Unit Weapons Card accompanying the personal firearm.(f) Should a personal firearm become unusable, stolen or unserviceable and
the investigator selects a personal off-duty firearm different from the one originally qualified for use,
he or she must requalify on the different firearm before it can be used. This qualification may be
completed prior to the next semi-annual qualification period.(g) Should the investigator wish to change his or her authorized personal
off-duty firearm as a matter of preference, the investigator shall notify the Commission's Office of
Training to arrange for qualification in the use and handling of his or her authorized personal off-duty
firearm.

13:97-3.9 Storage of off-duty firearms while on Commission
property(a) An investigator entering a Commission facility's grounds while armed
with an off-duty firearm must proceed directly to the weapons collection station of the facility. The
off-duty firearm shall be turned in fully loaded, in its holster, with the State of New Jersey, Firearms
Unit Weapons Card with any extra loaded magazines or speedloaders.(b) The investigator must present his or her official photo identification
card of the Commission when checking the firearm and authorized ammunition out of the weapons collection
station.(c) Investigators are prohibited from storing off-duty weapons or
ammunition in their personal vehicles while on Commission property.(d) Investigators reporting to a secure facility satellite unit must store
their firearms at the main secure facility or an approved authorized weapons storage unit.(e) Under no circumstances may any Commission employee carry a personally
owned firearm into a weapons prohibited area of any Commission facility, or into any area routinely
dedicated for use by juveniles, including but not limited to, areas for sleeping, living, eating,
recreation, training, and education. Personally owned firearms shall not be carried or used while on-duty
except when authorized by the Director of Investigations. In those instances, only firearms approved by the
Commission may be used by qualified investigators.

13:97-3.10 Unauthorized use of personal weapons while
off-duty(a) An investigator shall not be authorized to carry an off-duty firearm
in the following instances:1. Where N.J.S.A. 2C:39-7 (Persons Convicted of Certain Crimes) is
applicable;2. When an investigator has been suspended from duty for any violation by
the Director of Investigations or a higher official of the Commission;3. When there are pending charges or ongoing investigations of alleged
incidents involving the misuse of a firearm;4. When otherwise prohibited by law or regulation; or5. Any other situation where the Director of Investigations or designee
may exercise their authority to withdraw off-duty firearms privileges, subject to the review of the Deputy
Executive Director, or Executive Director.(b) In any of the instances in (a) above, the State of New Jersey,
Firearms Unit Weapons Card shall be turned in to the Director of Investigations, or designee.

13:97-3.11 Possession of firearms within a casino or casino
simulcasting facility
Pursuant to N.J.A.C. 19:45-1.13, an investigator shall not possess or be permitted to possess a firearm
within a casino or casino simulcasting facility.

13:97-3.12 Reporting incidents(a) When an investigator believes, or has reason to believe, that an
authorized off -duty firearm or ammunition is lost, stolen, or is otherwise missing, the investigator shall
immediately report this fact to the local law enforcement authorities and to the Director of
Investigations.(b) As soon as practicable, when a State of New Jersey, Firearms Unit
Weapons Card, official photo identification card or badge of the Commission is believed to have been lost
or stolen, or is otherwise missing, the investigator shall notify the local law enforcement authorities and
Director of Investigations or designee.(c) Except as outlined in N.J.A.C. 13:97-3.6(b)1 through 3, the
investigator shall immediately and without exception report to the local law enforcement authorities and to
Director of Investigations or designee the occurrence of any of the following:1. Any incident where the investigator displayed, drew or fired his or her
off- duty firearm; or2. Any incident or injury which occurred from the use of the
investigator's firearm.(d) The next working day after any incident as described in this section,
the investigator shall report in writing to Director of Investigations or designee the incident and
identifying particulars of the incident. The Director of Investigations or designee shall then forward the
report for review to the Executive Director or designee.(e) The investigator shall, within three days, report to the Director of
Investigations or designee in writing whenever a registered authorized off-duty firearm has been sold or is
no longer in use.

13:97-3.13 Penalties for violation(a) Investigator actions which do not conform to the provisions of this
subchapter and any post orders or internal management procedures implemented in connection with this
subchapter may result in the following:1. Disciplinary action pursuant to N.J.A.C. 4A:2;2. Personal, civil or criminal liability;3. Denial of indemnification; and/or4. Refusal by the Office of the Attorney General to represent the
investigator.(b) Decisions regarding (a)3 and 4 above will be made by the Attorney
General after reviewing the facts of the case.

13:97-3.14 Post orders and procedures(a) The Office of Investigations shall prepare and maintain written
management procedures consistent with this subchapter.(b) All written management procedures developed in accordance with this
subchapter shall be submitted to the Executive Director or designee for approval before implementation.